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Rafael Bustamante v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56254 · judgment November 20, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below.
Question presented
I. A question that has divided the circuits, whether the Sixth Amendment's guarantee of effective assistance of counsel requires a criminal defense attorney to advise a noncitizen longtime lawful permanent resident defendant that an actual professional conflict of interest exists and whether the failure to disclose the actual self-interest conflict which adversely affected counsel's performance through a purposeful omission of facts in a 28 U.S.C. § 2255 petition that would have revealed counsel affirmatively misled the defendant regarding the effect of his plea on deportation inducing a guilty plea is presumptively prejudicial requiring his plea to be set aside? II. Whether under Cuyler v. Sullivan the court erred in failing to investigate an actual self-interest conflict of interest which existed concerning defense counsel which adversely affected counsel's performance through a purposeful omission of material facts in a previous 28 U.S.C. § 2255 petition which would have revealed counsel affirmatively misled Mr. Bustamante regarding the effect of his plea on deportation?
Counsel of record
For petitioner
Eric S. Montalvo
The Federal Practice Group
For respondent
Noel John Francisco
Jones Day
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 1, 2018 · Certiorari denied
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 03 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 26 2018Waiver of right of respondent United States to respond filed.
- Jun 18 2018Petition for a writ of certiorari filed. (Response due July 19, 2018)